Choocheewan Tamisanont and Taveephuk Sirisakbanjong
Research Title Copyright in Thai Silk Works : Study about Thai Silk Works in
Researchers 1. Mr.Thaweephut Sirisakbunjong
2. Pol.Capt.Choocheewan Tamisanont.
The researchers found that Surin silk works and silk products from Surin Province is a major export products of Thailand; Special features of Surin silk with beautiful designs, Oriental fabric soft shadows and patterns of valued cultural traditions unique. All these factors, as a resulted for the Surin silk had exported of national culture. Surin silk production still made in the household industry. In order that served the needs of the consumer market a lot more in Surin silk. Meanwhile, The manufacturers of Surin silk works are expected that the Government should have special legal measures. To promote and protect the benefits of Surin silk works, silk products and support the growing market simultaneously.
However, It is interesting that even the Thai silk products was importance exported the cultural of Thailand but there is no specific law to enforced or seriously to protects the Thai silk works. For general rule of intellectual property to protects silk works in Thailand such as Copyright Act B.E.2537, Patents Act B.E.2522, Geographical Indication Act, etc. These are laws which arise from international agreements within the framework of Western thought. The intellectual property law, these are actually may not reflect the ideas for protection of Thai silk works or may not get in to the spirit of Thai culture. Although, The developments in
the manufacturing sector, Materials management, Improved strains of Sericulture will then step ahead to even more.
All the reasons above mentioned, The research of copyright in Thai silk works : Study about Thai silk works in Surin province had happened. In order to study the measures of copyright law for protecting Surin silk works whether the pattern of silk design, the pattern of ancient traditional of Surin silk works, the pattern of design with the new product. The researchers determine to imposed the direction and policy framework accordance with the copyright law on the pattern of Surin silk design, the pattern of ancient traditional of Surin silk works and the pattern of new product for Surin silk industry. The legal measures for the protection of Surin silk industrial will happen then. This research requires to comparative with study of the copyright form the foreign countries. Especially, Silk exporters including China, Japan, South Korea, Socialist Republic of Vietnam and India. With the guidelines of copyright protection under the treaty between the countries, Both Berne Convention and Copyright Treaty for the Protection of World Intellectual Property Organization (WIPO), etc. Ultimately, The researchers will find measures to improve the Thai copyright laws to suit Thai silk industry.
In the research process. This research under the 5 step process viz the first step is gathering information from Surin silk manufacturers of different groups, whether in manufacturing The pattern of silk design, The pattern of silk weaving, The print pattern and problems with the Surin silk manufacturers. Step two Gather information from books article Supreme Court Judgement. Books and domestic and foreign law related. Step three Data processing and analysis of data received. To seek answers about copyright protection in the patterns of silk cloths design, the patterns on silk and silk fabrics design. This protection measures that will
be suitable for silk works industry, Surin silk works and Thai silk works also. Step four research productivity in research documentation. In order to presented research to the academic seminar. And final stages, Check the accuracy of the report and presented the following research.
This research found that Thailand and State member which silk works exported all five countries; Including China, Japan, South Korea, Socialist Republic of Vietnam and India. All aforesaid countries are the party member of The Berne Convention and the member of World Intellectual Property (WIPO) were making all countries with obligations under Berne treaties and Copyright Treaty of the Property Organization World Intellectual Property Organization (WIPO). In order to prescribed laws of his country within the framework of Berne Treaty, Copyright Treaty for the protection of the World Intellectual Property Organization (WIPO) which are the contents of every country has a similar except in some detail as a copyright work, etc. This information were effected on educational measures to protection copyright of Surin silk works in three respects as follows:
Firstly, The pattern of silk cloths design was product design. Although Thai Copyright Act B.E.2537 was not clearly stipulates that the product design is the copyrighted work of applied art but Thai Supreme Court made a sentenced on case number 6379/2537 that the product design was the copyrighted work of applied art. The pattern of silk cloths design has been protected under Supreme Court Judgement. However, the protection of product design is still uncertainty continue. In the future, Thai Supreme Court may also change the precedence. On the other hand, For the International copyright law now appears that many countries stipulates for the product design are copyrighted work in the copyright law.
Secondly, The ancient patterns on silk fabrics. It was found that the ancient patterns on silk fabrics was not a copyrighted work in Thai Copyright Act B.E.2537 because the ancient patterns on silk fabrics, these do not appear the right holder and traditional patterns of these occurred before the effective laws. All these ancient patterns on silk fabrics might not be a copyrighted work. On the other side, In People’s Republic of China and Vietnam to give copyrights for these ancient designs as these ancient patterns are the copyrighted work of the national folk art.
Thirdly, the new pattern had been created in silk fabrics industry sector. The study found that Thai Copyright Act B.E.2537 designs on silk fabrics may be the copyrighted work of applied art. If the manufacturer designs the method of printing on silk fabrics. Because the printing method is a method or pattern of creating applied art work according to Section 4 of Copyrights Act B.E.2537. To embroidery, knitting and weaving these methods may be just a work of art. However, these methods was not used for creating applied art work in Thailand. As a Resulted, the pattern of Surin silk works and Thai silk works, most of the way Textile is not a copyright work.
On the other hand, According to the international copyright law does not suffer with these problems because there are width definition of the words «art work» or the words «applied art work» by using only a sample illustration which does not stipulate for step of the applied art work like Thailand.
Finally, the findings above. The researchers proposed that Thai Copyright Act should be amended. To support the protection of national culture such as China and the Socialist Republic of Vietnam. Moreover, In order to improved the definition of the word «Applied art»
by means of an example of applied art work in the definition and revoke to stipulate that the process to create the applied art work as an only way to apply by (1) to (6) defined the term of «applied art work», which makes all forms of Thai art work can be protected according to provide by Thai copyright law. To avoid uncertainties in the future between the pattern of Silk design is copyright work or not. Thai copyright law should stipulate that Product design work is one of the copyrighted work according to the copyright law.